- (1.)This appeal arises out of judgment dated 29.12.2011 passed by High Court of Uttarakhand in Criminal Appeal No.215/2002, in and by which, the High Court confirmed the conviction of the appellants under Sections 304B, 498A and 201 IPC and the sentence of life imprisonment imposed on each of them.
(2.)Briefly stated, case of the prosecution is that marriage between complainant-Meharchand's daughter Seema (deceased) and accused- Late Chandrahas was solemnized in the month of May 1991. As per his capacity and status, PW-1-complainant gave sufficient dowry and articles. But within few days of marriage, Chandrahas alongwith his parents and relatives, started harassing Seema on account of non-fulfillment of demand of dowry. PW-1- father of the deceased, having poor resources, was unable to meet these ever increasing demands. PW-1, repeatedly requested Chandrahas and his family members not to harass his daughter, but they remained firm in their demands of motorcycle and dowry amount. PW-1 could collect only meagre amount of Rs.2,000/- and gave it to the family of Chandrahas and requested them not to ill-treat his daughter.
(3.)Thereafter, in August 1994, the deceased after being severely beaten, was ousted from her matrimonial home and she was told that she should only return with Rs.20,000/- cash and a Hero Honda motorcycle and Seema came to her father's house. On seeing her condition, PW-1 took the deceased to Saharanpur District Hospital, where she was medically examined and treated for her injuries. On 4.9.1994, with the intervention of the Panchayat and assurances on the part of Chandrahas (husband) and his family, the parties arrived at a settlement and it was decided that Seema was to be taken back to her matrimonial house and that they will not torture Seema. Based on the settlement and the assurance thereon, PW-1 left Seema in her matrimonial house. However, after one month, the deceased again wrote a letter to her father describing the harassment meted out to her. PW-1 was unable to visit his daughter immediately on account of the then ongoing work of crop cutting. On 12.5.1995, Subhash Chandra (PW-4) came to the house of PW-1-Meharchand and informed him that Seema had been killed by her in-laws and burnt to death. Hearing this, PW-1-Meharchand alongwith some villagers went to Churiyala-Chandrahas's village; but there was none at the house. On being informed of the incident by the villagers, PW-1 reached the cremation ground and found the pyre still burning.